- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.51.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-12
Explains that if an action in rem is brought and a trial is granted against the heir of a possessor, the heir's own negligence and fraud are also subject to this trial.
[POMPONIUS libro sexto decimo ad Sabinum.]
[POMPONIUS in the sixteenth book on Sabinus.]
Si in rem actum sit1 et in heredem possessoris iudicium datum sit, culpa quoque et dolus malus heredis in hoc iudicium uenit.2
If an action in rem has been brought and a trial has been granted against the heir of the possessor, the negligence and fraud of the heir also come into this trial.
- 6.1.51.practum sit
An impersonal passive construction from the verb ago. It is derived from the idiom in rem agere (to bring an action in rem), meaning "an action in rem has been brought," used here in the subjunctive perfect (or present) within the conditional si-clause.
- 6.1.51.prin hoc iudicium uenit
The phrase in iudicium uenire is a legal idiom meaning "to be brought into the trial" or "to be subject to assessment in the judicial proceeding." The subject is culpa quoque et dolus malus heredis (the negligence and fraud of the heir also), indicating that not only the deceased's actions but also the heir's own conduct after inheriting the position are subject to evaluation in this action.